No Yang Judicial Yuan nomination, lawyers urge Chen

UNCONSTITUTIONAL?DPP Legislator Chen Chin-te said Yang Jen-shou should turn down the offer if he is asked by Chen to take the position

By Rich Chang / Staff Reporter

A legal reform association yesterday called on President Chen Shui-bian (陳水扁) not to nominate Chief Commissioner of the Commission on the Disciplinary Sanctions of Functionaries Yang Jen-shou (楊仁壽) as a candidate for president of the Judicial Yuan.

An alliance of lawyers and legal academics, established in 2003 to screen nominees for the Council of Grand Justices, yesterday told a press conference that a possible nomination of Yang would be unconstitutional.

questions

The possibility that Yang could be nominated for the post of Judicial Yuan president raises questions since he has previously served on the Council of Grand Justices. Yang was nominated by Chen in 2003, but resigned his position in January to take over the office of head of the commission.

A spokeswoman for the alliance, Huang Hsiu-tuan (黃秀端), said the Constitution stipulates that grand justices can only serve one eight-year term. If Yang were to be nominated as Judicial Yuan president it would be tantamount to him serving two terms, which is against the Constitution.

not fit

In addition, she said, Yang is not fit to be the nation's top judge because he resigned his position as a grand justice to take over his current office, showing that he did not appreciate the position and through his actions had belittled it.

A Taipei lawyer, Chang Hsun-chia (張訓嘉), told the press conference if Yang was nominated as a grand justice then other grand justices who are about to complete their terms could offer their resignations and be nominated again.

INTERPRETATION

Lawyer Lin Feng-jeng (林峰正) questioned who would preside over a Constitutional interpretation of the appointment, if one was lodged, should Yang take up the presidency of the Judicial Yuan.

The association's concerns were echoed by Democratic Progressive Party (DPP) Legislator Chen Chin-te (陳金德) yesterday at another press conference.

Chen Chin-te said Yang should turn down the offer if he is asked to be president of the Judicial Yuan.

CONTROVERSIAL

"I also call on the president not to name Yang since his suitability for the position is controversial," the lawmaker said.

Should Yang be nominated as candidate for president of the Judicial Yuan it would fall short of the public's expectations and show a lack of respect for the legislature, he said.

Chen Chin-te said that he would vote against Yang if he was nominated and would also demand the DPP caucus stop its members from voting for Yang.